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San Jose Officials: ICE Policies, Not Ours, to Blame for Releasing Undocumented Homicide Suspect

San Jose Officials: ICE Policies, Not Ours, to Blame for Releasing Undocumented Homicide Suspect

How about local, state, and federal officials work together on these issues?

https://www.youtube.com/watch?v=mT0ovA0G84E

Authorities in San Jose, CA, arrested Carlos Eduardo Arevalo Carranza for the murder of Bambi Larson. They said Carranza was in America illegally with “a lengthy history of arrests,” which has brought up sanctuary policies in the state. From CBS San Francisco (emphasis mine):

The case brought forth outcry from Santa Clara County Sheriff Laurie Smith, San Jose Mayor Sam Liccardo and San Jose Police Chief Eddie Garcia, who said the county’s refusal to honor detainer requests and notifications allowed Arevalo Carranza to be released from county jail without notifying federal authorities.

During a news conference Wednesday, Santa Clara County Counsel James Williams said the county is acting on state law, which has deemed it a violation of due process to detain inmates in jail for an extended time due to an ICE request.

He said there may be room for deputies to notify ICE of an inmate who has been placed under a detainer request, instead of keeping them in jail until federal agents arrive, but the county does not currently allow law enforcement to provide information to federal authorities.

Reports show “that the county jail ignored six requests by immigration authorities to turn him over — Los Angeles County received three other detention requests from ICE.”

ICE admitted that Carranza came into America illegally in 2013. The agency told its side of the story:

Immigration officials ask local agencies for civil detainers, a voluntary request for local jails to hold a person after their release date until immigration officials can come detain them.

According to officials with ICE, between October and November 2016, the agency requested three times that Arevalo-Carranza be detained at the Los Angeles Police Department’s central jail, none of which were fulfilled. From June 2016 to January 2019, the agency also asked Santa Clara County to hold him six times, according to ICE.

Williams countered that if ICE “wanted to apprehend Arevalo-Carranza, it should have obtained a warrant, which the county would have honored.” However, it doesn’t help that this “county does not proactively provide notification to ICE without a warrant.”

Police Chief Garcia stopped short of criticizing the sanctuary policies as he still believes he does not want to do anything that will make immigrants scared of the police. But he knows something has to change:

He said, however, that her murder demands police and the county have a conversation over its refusal to honor ICE detainer requests for violent criminals.

San Jose police do not request immigration status when making an arrest or report or arrest undocumented immigrants living in the city, but Garcia said ignoring detainers and releasing inmates from custody who have committed serious crimes undermines the city’s safety.

“This isn’t about politics, this is about public safety,” Garcia said, adding that documented and undocumented immigrants should have no reason to fear police in the city. “He could have been turned over six times.”

Sheriff Smith agreed that Carranza “should have remained in custody until officials with ICE had the appropriate time to evaluate his immigration status.” She voiced support to change the county policy to honor all ICE holds.

Yes, something has to change. While no one should be scared of the police, ICE shouldn’t have to think twice about doing its job. It’s a two-way street. Local officials and federal agencies have to work together.

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the county is acting on state law, which has deemed it a violation of due process to detain inmates in jail for an extended time due to an ICE request.

How extended is “extended”? Does ICE diddle around for weeks before picking the suspect up? Or does the jail release them in ten minutes? It’s starting to sound like nobody wants us to know.

    I’m also idly curious why ICE doesn’t go through the hoop laid by the sanctuary states: getting a federal arrest warrant for someone already in state custody. Can they? Do the federal courts allow such warrants? Or is this a Catch-22 because it is an administrative function of the executive branch and not a criminal matter in and of itself?

LukeHandCool | March 14, 2019 at 3:41 pm

“While no one should be scared of the police …”

I work for LAPD. Believe me, illegal aliens living here are not scared to call the police. That is complete fiction. It drives me crazy when the media talk about law-abiding (outside of their immigration status) illegal aliens afraid to call the police. It’s a complete phony narrative.

I would eat my underwear at the end of a hot, sweaty day if I ever heard of any of our officers responding to a call, but then arresting the caller for being here illegally. Doesn’t happen. They are way too busy. They have no interest—none—in arresting someone in need of help whose immigration status isn’t what it should be.

Even if they wanted to do it (which they don’t, and the community knows this) it would leave them no time for anything else.

Just the property crimes alone (theft, burglaries, and the most common and ubiquitous—burgled vehicles) demands a huge amount of their time. They have to write detailed reports for each of these that they respond to.

You would need a whole new agency simply devoted to this one issue … Hey! Wait a minute …

    healthguyfsu in reply to LukeHandCool. | March 14, 2019 at 6:48 pm

    I 100% believe you and not even because of your personal experience.

    Common sense would tell you that if any such events did occur there would be video and headlines all over MSM about the evil police that arrested the “undocumented” hard case crying out for help.

“Police Chief Garcia stopped short of criticizing the sanctuary policies….”

LOL, Garcia is a La Raza member and the leftist who allowed a mob to attack Trump rally attendees in 2016. Dead citizens who are not members of ‘the people’ is just fine with him.

If I were of any relation to Bambi Larson I’d go to Washington, DC and spend all day, everyday screaming in the faces of Schumer and Pelosi about the need for a wall!

    iconotastic in reply to MarkS. | March 14, 2019 at 4:18 pm

    Democrats don’t care about dead citizens as long as the project to increase Democrat voters and Democrat apportionment using illegal aliens keeps going.

    If you are going to scream, scream at the 12 Republicans who voted to end the State of Emergency declared by the president to redirect funds for the Wall.

    Subotai Bahadur in reply to MarkS. | March 14, 2019 at 4:51 pm

    To be honest, the deliberate failures to enforce the law against racially and politically protected classes, and the resulting deaths of law abiding citizens are going to have a consequence sooner or later. When jurisprudence is an absolute failure; family, clan, and community vengeance will replace it.

    Subotai Bahadur

If the Sheriff doesn’t turn over a violent illegal alien, arrest the Sheriff for obstruction of Justice. Federal law comes first. After these Sheriff’s do some jail time their attitude will change.

    iconotastic in reply to Jackie. | March 14, 2019 at 5:17 pm

    The issue, afaik, isn’t so much that the sheriff/police won’t turn over the illegal alien as they will not continue to hold him. States are not required to enforce federal laws, from what I have learned here on LI.

      gospace in reply to iconotastic. | March 14, 2019 at 5:32 pm

      Well, I think the ways courts have ruled on local authorities enforcing federal law is: they’re not allowed to, unless the courts allow them to, or unless they’re required to, but only if liberal judges approve of the law in question, or ……

      IOW- there is no uniform standard. AWOL servicemembers are taken into custody all the time by local authorities and subsequently turned over to the feds, that is, the military. AWOL is not by any stretch of the imagination a local or state crime. I’d actually love to see someone who was turned over sue a local PD for turning them over citing federal court precedent that local authorities can’t enforce federal laws….

        Milhouse in reply to gospace. | March 14, 2019 at 5:56 pm

        Actually the courts have been consistent on this for 200 years. Unless state law says otherwise, local authorities are not required to cooperate with federal authorities, but if requested they may do so voluntarily. State law can go either way; it can require local authorities to assist the feds on request, or it can forbid them from doing so. In the case of immigration law Texas has done the first, California the second.

“Yes, something has to change. While no one should be scared of the police…”

I STRONGLY disagree.

Criminals should absolutely fear the Police. At least in the sense that they should fear being apprehended and forced to face the consequences of their crimes.

That includes people guilty of the crime of entering the country illegally.

ijustwanttovote | March 14, 2019 at 5:51 pm

“While no one should be scared of the police…”

I disagree. EVERYONE should be scared of the police, always. The police are people who have the power of life and death over all of us. They have shown that they will exercise this power irresponsibly, and often with no consequences for the improper use of this power. (Example: Philip Brailsford/Daniel Shaver). Often, officers are covered by a LEOBR (Law Enforcement Officer’s Bill of Rights) which gives them more rights than average citizens when they are accused of a crime. Police unions have fought for years to cover up criminal behavior by their members, reducing accountability and destroying public trust. Police officers are not required to protect you (Example: Castle Rock v. Gonzalez). You are on your own. The Police can take pictures and write reports, but don’t expect any of them to help you, ever. It is far safer and wiser to look at LEOs as gang members with official uniforms. Any officer who sees bad behavior by his fellow officers and doesn’t report it is just as bad as the officer who behaved badly in the first place.Remember, it is the 99% of bad cops that give the one percent a bad name.

    This is easily the most irrational thing that I have ever seen.

    First of all, LE is THE most heavily monitored profession in the entire country, precisely because of the authority which its members wield. And, whether YOU like it or not, someone has to police society. Otherwise YOU are REALLY on your own. Good luck with that, when a REAL criminal gaang comes calling.

    Second, LE is composed of human beings. Human beings are imperfect. For this reason, some members of the LE profession make mistakes and improperly apply their authority. Other members, usually a far smaller minority, actually intentionally use their authority for illegal purposes. In both cases, those responsible are almost always exposed and action is taken against them, usually involving the LE profession.

    Third, the LEOBR exists only because of the tendency for politicians to take unwarranted action against LEOs solely in response to public opinion, not in response to evidence of wrong doing. It also protects employees of a GOVERNMENT agency from being forced to testify against themselves, to the government, in violation of the 5th Amendment. That it protects wrongdoers, as well as the innocent, is no different than the situation in any action involving 5th Amendment rights.

    LEAs tend to reflect the communities that they serve. The reason this is true is because the members of those LEAs are also members of the community that they serve. Given the organization, weaponry and numbers of LEOs in this country, cops could rule, if they wanted to. Instead, they are content to place their lives on the line, daily, along with their financial future and well being, in order to reduce public violence and bring dangerous criminals to justice.

San Jose Officials: ICE Policies, Not Ours, to Blame for Releasing Undocumented Homicide Suspect

Nothing in the article itself seems to support this headline. Which ICE policies are the SJ officials blaming?

ijustwanttovote | March 14, 2019 at 7:03 pm

Mac45, I see you read my post and deemed it “irrational” and yet, you did not refute any of the points I made. Did Philip Brailsford kill Daniel Shaver? Was Brailsford criminally punished? Did Brailsford carry a rifle with the words “You’re Fucked!” inscribed on it? What about Ms. Gonzalez? Where were the police protecting her children? She called officers multiple times to let them know that her husband had kidnapped her kids and he meant to do them harm. She now has three dead children because the “Protect and Serve” crowd was too busy or otherwise not interested in her situation. Why should officers have more rights than any other defendant charged with a crime? Why do unions protect criminal officers? Why do we have Brady laws? Why are police misconduct records routinely hidden from public view?
If “LE is composed of human beings”, then why are they not treated the same as the rest of the human beings? Is it a case of “All animals are equal, but some are more equal than others”? You wrote a reply, but you did not respond to anything I posted. Are any of my facts incorrect? If not, then I see no reason to view LEOs with anything other than suspicion. Don’t be offended; I just want to go home safely at the end of the day….just like you.

    It would have been nice if you had read MY response.

    What you are doing is cherry picking facts in an attempt to justify a previously held opinion. But, the facts are that there are over 1 million active LEOs in this country. These men and women have millions of LE contacts every single day. They engage in tens of thousands, if not hundreds of thousands, of arrests every single day. And we have a handful of incidents such as you reference in year, sometimes in a decade. By your argument, because Lucky Lucciano was Italian, then 99% of Italians are criminal thugs. Because MS 13 is composed mostly of violent Central Americans, 99% of Central Americans are violent criminals. Because there have been a few violent, criminal motorcycle gangs, then 99% of Harley Davidson owners are violent criminals.

    You may have noticed that I pointed out that LEAs are composed of human beings. And, as I pointed out, human beings make mistakes. Some of them even intentionally commit criminal acts. But, in the LE community, very few actually get away with criminality. The reason for this is that, when such activity comes to the attention of other LEOs, action is taken. And, as the activities of LEOs is closely monitored by the media, civil rights groups, and the rest of the legal system, criminal activity does not continue very long.

    As to treating LEOs like other human beings, I’m all for that. Let’s put every person in every profession under the same scrutiny as LEOs. Let’s require every single worker in the country fill out a public report on every job that they do. Let’s require every worker to publicly justify every single job related decision they make. Let’s force every worker to go before a community board [usually composed of people who are totally unqualified to make an informed decision on the actions of the person appearing before it] to explain that worker’s actions. Let’s require that every complaint be available to the public and held for a year, if found to be groundless, up to eternity, if confirmed. But, LEOs put up with this because they recognize that they ARE granted more power and authority than the average person. And, for that reason, their actions have to be more transparent than the rest of society.

    Those 1 million LEOs go out the door every day. They put their lives on the line to protect the public and stop criminal activity. They put their economic futures in jeopardy if they make an honest mistake. And, they do it for approximately $60,000 a year. You are free to step up to the plate and do the same thing. Give it a try.

ICE should capture every violent illegal in the US, and then release them in California. If the criminals leave California, arrest them and bring them back. I would love to see California file a lawsuit over the dumping of the same illegals that California seeks to protect from deportation.

I swear to God that if this were my family, I’d make Cindy Sheehan sound like church mouse.

Richard Aubrey | March 15, 2019 at 6:44 pm

Afraid of police? How about being afraid of illegal aliens?

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